Allowed

Bhurey v. State of U.P.

Allahabad HC12 Sept 2018BAIL/15918/2018

Case brief

AI extract

What is this about?

The court considered a bail application filed by Bhurey, who argued for parity with co-accused already granted bail. Relying on Article 21 and dicta in Dataram Singh but without expressing views on the case merit, the court granted bail subject to conditions.

What did the court decide?

Released on bail with personal bond and two sureties, subject to conditions of cooperation, non-tampering, and lawful conduct.

Bhurey Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15918 of 2018

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Applicant :- Bhurey Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Satya Prakash Rathore, Advocate holding brief of Sri Chandra Prakash Pandey, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the coaccused Suneel, Vishnod and Ramveer having similar role have been granted bail by this Court vide orders dated 26.04.2018, 28.05.2018 and 27.02.2018 in Criminal Misc. Bail Application Nos. 31752 of 2017, 1729 of 2018 and 6687 of 2018, a copy of said orders have been produced by the learned counsel for the applicant, which are taken on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 30.04.2017.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Bhurey be released on bail in Case Crime No. 116 of 2017, under Sections 147, 148, 149, 307 IPC, Police Station- Kampil, DistrictFarrukhabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 12.9.2018 Arti

Bhurey v. State of U.P.

Case brief

What is this about?

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Bhurey v. State of U.P.

Case brief

What is this about?

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